C482/1720/2023
2023 Latest Caselaw 2575 UK

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                                  C482 No. 1720 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Shailendra Nauriyal, Advocate, for the applicant.

Mr. V.K. Gemini, Deputy A.G., for the State of Uttarakhand.

An FIR No. 35 dated 20th June, 2022, was registered by the complainant/respondent No.2, for the alleged involvement of the present applicant for commission of the offences under Sections 504 and 506 of the IPC, with regard to the incident, which was narrated in the FIR, which was said to have chanced on 30th June, 2022, where there have been minor altercation and the act of criminal intimidation as referred to in the FIR.

The matter was investigated and chargesheet, being Chargesheet No. 35 of 2022, dated 27th October, 2022, has been submitted against the present applicant, on which, he has been summoned by the Court of Chief Judicial Magistrate, Nainital, in Criminal Case No. 453 of 2023, State Vs. Pradeep Rawat and another.

Since all the offences carry a sentence of less than seven years, an appropriate recourse which would be available to the present applicant would have been to approach the Trial Court and take the shelter of the judgment of the Hon'ble Apex Court as reported in (2022) 10 SCC 51, Satender Kumar Vs. Central Bureau of Investigation and another.

Subject to the aforesaid, the C-482 Application would stand disposed of.

(Sharad Kumar Sharma, J.) Dated 29.08.2023 Shiv